Recurrence: The General Court of the European Union dismisses the five appeals filed by Japanese companies against the European Commission’s decision in the electrolytic capacitor cartel case and in so doing provides useful clarifications on the aggravating circumstance of recidivism (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The five judgments reported here, relating to the electrolytic capacitor cartel, clearly illustrate the shift in the center of gravity of litigation from infringement to fines. This shift has long been observed before the Court of First Instance, where the judicial review of legality is coupled with a review of full jurisdiction. The latter gives the court not only the power to annul, in whole or in part, the contested decision, but also to reform it with regard to the amount of the fine, by substituting its assessment for that of the Commission (see Article 261 TFEU). Certainly, some of the applicant companies will have tried to defend the idea that the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Etienne Thomas, Recurrence: The General Court of the European Union dismisses the five appeals filed by Japanese companies against the European Commission’s decision in the electrolytic capacitor cartel case and in so doing provides useful clarifications on the aggravating circumstance of recidivism (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con), 29 September 2021, Concurrences N° 1-2022, Art. N° 105296, pp. 82-84

Visites 125

All reviews